The State of Texas, Appellant v. James Matthew Holcombe, Appellee (2017)

MEMORANDUM OPINION

On December 14, 2016, we entered an order allowing appellee's retained trial attorney to withdraw for purposes of appeal only. We further abated this appeal and ordered the trial court to conduct a hearing and enter findings of fact and conclusions of law with respect to whether appellee is indigent, and if appellee is indigent, to take such measures as necessary to assure the effective assistance of counsel. We additionally ordered the trial court clerk to file a supplemental clerk's record containing the trial court's findings of fact and conclusions of law on or before January 13, 2017.

After we abated this appeal, the State, the appellant in this case, filed a motion signed by its attorney to dismiss this appeal in a criminal case. We withdraw our order dated December 14, 2016, and reinstate this appeal. Additionally, we grant the State's motion, and dismiss the appeal. See Tex. R. App. P. 42.2(a).

PER CURIAM